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Jose Quinones v. Carlos Diaz

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


February 25, 2011

JOSE QUINONES,
PLAINTIFF-RESPONDENT,
v.
CARLOS DIAZ,
DEFENDANT-APPELLANT.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Nelida Malave-Gonzalez, J.), entered on or about March 30, 2009, after a non-jury trial, in favor of plaintiff, awarding him damages in the principal sum of $878.13.

Per curiam.

Quinones v Diaz 2011 NY Slip Op 50277(U)

Decided on February 25, 2011

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: Schoenfeld, J.P., Shulman, Torres, JJ

Appeal from judgment (Nelida Malave-Gonzalez, J.), entered on or about March 30, 2009, held in abeyance and the matter remanded to Civil Court for issuance of a decision in conformity with the requirements of CPLR 4213(b).

The trial court failed to comply with CPLR 4213(b) in rendering the judgment in plaintiff's favor without setting forth its rationale or the facts essential to that determination. As such, the appropriate remedy is to hold the appeal in abeyance and remand the matter for issuance of a decision setting forth the essential facts (see Brenner v De Bruin, 171 AD2d 833 [1991]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: February 25, 2011

20110225

© 1992-2011 VersusLaw Inc.



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